Sunday, September 06, 2015

Recent Prisoner Free Exercise Cases

In Brinkman v. Linderman, (9th Cir., Sept. 3, 2015), the 9th Circuit affirmed an Arizona district court's dismissal of complaints by an inmate that he was denied a private worship area and ceremonial foods and was not allowed to use an open flame during certain religious ceremonies.

In Atkins v. Maryland Division of Correction,2015 U.S. Dist. LEXIS 114932, (D MD, Aug. 24, 2015), a Maryland federal district court permitted an inmate to proceed with his RLUIPA claim for declaratory relief and his free exercise claim against the chaplain for denying him kosher meals for 29 months.

In Twigg v. PrimeCare Medical, Inc., 2015 U.S. Dist. LEXIS 115169 (MD PA, Aug. 31, 2015), a Pennsylvania federal district court dismissed an inmate's claim that inadequate medical treatment violated not just his 8th Amendment rights, but also his free exercise rights when gastrointestinal pain made it impossible for him to attend religious services.

In Clay v. Livingston, 2015 U.S. Dist. LEXIS 115702 (ND CA, Aug. 31, 2015), a California federal magistrate judge dismissed a complaint by a Muslim inmate who wanted lunch each day in addition to the Ramadan menu. For the first 9 days he was not provided lunch.

In Frazier v. June, 2015 U.S. Dist. LEXIS 116699 (D SC, Sept. 2, 2015), a South Carolina federal district court permitted an inmate to move ahead with his claim that his free exercise rights were infringed when his Bible was confiscated because of a limit on the number of books an inmate may have in his cell.

In Moon v. Samuels, 2015 U.S. Dist. LEXIS 117092 (SD IL, Sept. 2, 2015), an Illinois federal district court permitted a Muslim inmate to move ahead with his complaint that prison officials prohibited Muslim prisoners from engaging in group prayer, while permitting inmates of other faiths to do so.

In Moon v. Walton, 2015 U.S. Dist. LEXIS 117660 (SD IL, Sept. 3, 2015), an Illinois federal district court allowed a Muslim inmate to move ahead with his complaint that prison policy barred Muslim inmates from rolling up or cuffing the legs of their pants as called for by Muslim doctrine.